Chinese Lawyer's Social Rule Of Law And Loss Of Function And To Explore

According to historical records,seen in the BCⅡ,Ⅲcentury in ancient Rome,so-called protection system and the legal representation system were similar to future generations,but lawyers for the development of the system. For everybody recognized,the system of lawyaers originated in modern British. Modern sense of the lawyers was along with the feudal society to the capitalist society in transition and emerging.In the course of the absolute monarchy transition to a democratic republic,the bourgeoisie called,for humanity to promote democracy and human rights and were in opposition to tyranny, whether in politics or in the rule of law,we need a large number of lawyers who are professionals as a master of the law.In such a society demand,a large number of people began to learn and be familiarity with the law,and gradually evolved into the Community.Such systems of lawyers had gradually taken shape in such process at the same time.Modern Chinese lawyers system is imported product,and in ancient China,it has not formed the barrister system like West style.And now many people have mentioned in the"讼师of Ancient China,but讼师and the lawyers are totally different concepts.Until the late Qing Dynasty,the lawyers system came to China from the West.Lawyers for the maintenance of human rights and promote the rule of law in force in a capitalist society to play its own important role.The history of the development and rise of British lawyers,the interaction of French lawyers and liberalization movement,the American Bar rule of law in their countries in the process of building active role,all the facts show that the lawyers played the important role in the rule of law in the process.Although my lawyer system was restored 20 years,the development of industry lawyers were rapid,striking results,such as lawyers and law firms rapid expansion team;the management system of lawyers and corresponding development from the original development of a single administrative judicial administration and the legal profession management Association of combining lawyer management system; legal services fields have also expanded;and so on,but the position of Chinese lawyers,role,and by the lawyers themselves with the political and legal forces far cry from the radiation.In China,lawyers in the social life and the status of evaluation is not high.varied among lawyers,lawyers handling the case of irregular situation has become the norm;the legal profession management system confusion,;the Bar Association competence smaller;lawyers involved in political issues has been difficult;and so on.Lawyers become shackles in the development of China's yoke.Fortunately,we are now aware of this problem, at the same time,from the concept,training,administrative systems, organizational structure and other aspects find out the reasons,and to make appropriate recommendations to resolve the current industry lawyers the existence of problems,such as improving the practice of solicitors outside the rule of law environmental and related legal system,improve the system of legal education and lawyer selection methods,and improve the quality of their own lawyers,sound,the independent counsel autonomous organization,and get through lawyers on the road to political participation.Lawyers should play their due political and legal radiation strength of the rule of law into the process of China's driving force.